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L. VICTORIA GOWRI
S. Ravichandran, Special Sub-Inspector of Police, Thanjavur – Appellant
Versus
State Government of Tamil Nadu, Represented through its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned regulation/revision of pay and order of recovery in R.C.No.S2/41661/2017, dated 29.10.2018 and subsequent order of confirmation in Na.Ka.No.S2/47530/2018, dated 26.02.2019 of the fourth respondent and quash the same and further direct the respondents to refix the salary increment right from 01.10.2018 as Rs.54,100/-.)
1. The present Writ Petitions have been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned regulation/revision of pay and order of recovery in R.C.No.S2/41661/2017, dated 29.10.2018 passed by the fourth respondent and the subsequent order of confirmation in Na.Ka.No.S2/47530/2018, dated 26.02.2019 passed by the fourth respondent and further direct the respondents to refix the salary increment right from 01.10.2018 as Rs.54,100/-.
2. Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the petitioners, Mr.N.Muthu Vijayan, learned Special Government Pleader appearing for the respondents 1 to 4, 6 & 7 and Ms.S.Mahalakshmi, learned Standing Counsel appea
The central legal point established in the judgment is the application of the Government Letter dated 24.08.2007, its subsequent cancellation, and the non-est nature of the impugned orders based on t....
The impugned order of regulation/revision of pay, based on a cancelled government letter, was non-est in the eye of law, and the court directed the respondents to refix the petitioner's pay and revis....
The cancellation of the government letter led to the non-est status of the regulation of pay, influencing the court's decision to quash the impugned orders and direct repayment with interest.
The cancellation of the government letter and the application of FR 22(1) a(i) and FR 22-B in fixing pay for police personnel were central to the court's decision.
The cancellation of the government letter dated 24.08.2007 rendered the impugned orders non-est in the eye of law, leading to the quashing of the orders and the direction for repayment and pension re....
The central legal point established is that any order affecting the rights of an employee, such as pay re-fixation and recovery, should be passed only after providing an opportunity for the employee ....
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